From: OhWowGolf L.L.C. Date: December 5, 2015 To: United States Department ofTransportation, Docket Management System 1200 NewJerseyAve., SE West Building Ground Floor Room W12w140 Washington, DC 20590 Re: Exemption Request PursuantTo Section 333 ofthe FAA Reform Act of2012 Dear Siror Madarn: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and the procedures contained in 14 C.F.R. Part 11, OhWowGolf LLC (OWG) is an ownerand operator ofsmall unmanned aircraft, be exempted from the Federal Aviation Regulations (FARs) listed below sothat OWG mayoperate its small unmanned aircraft/lightweight unmanned aircraft systems (UAS) commercially in airspace regulated bythe Federal Aviation Administration ("FAA"). OWG herebyappliesfor an exemption from the Federal Aviation Regulations to allow commercial operation of its UAS'sfor the purpose ofcapturing high definition (HD) feature film ofgolfcourses. OWG's process offilming a golfcourse, with an unmanned aerial system is currently patent pending. Therefore, it should be considered as proprietary information, notto be viewed bythe general public. All proprietary information will be listed on Exhibit "A" page 8 ofthis exemption request.. Granting OWG's request conforms with the Secretary ofTransportation's (FAAAdministrator's) responsibilities to notonly integrate UASs into the national airspace system, butto "

...establish requirements for the safe operation ofsuch aircraft systems [UASs] in the national airspace system" under Section 333(c) ofthe Reform Act. Further, OWG

### will conduct its operations in compliance with the protocols described herein oras otherwise established bythe FAA. OhWowGolfcontact information: OhWowGolf L.L.C. PO Box2475 Monument, 

## C:d. 80932 Attention: David Hovasse (Founder) Tel.: (719) 201-7446**Dave@ohwowgolf~Com** <'

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1Forthe reasons stated below, OWG respectfully requests the grant ofan exemption allowing itto operate lightweight DJI Phantom 2 series, remote controlled UAS's. In the very near future, and due to the rapid advancement of UAVtechnology, OWGwill be obtaining and utilizing the DJI Phantom 3 series along with the DJI Inspire 1. All ofwhich weigh lessthan 10 lbs. The Specific Sections ofTitle 14 ofthe Code of Federal Regulations From Which OWG requests exemption: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) 

### &(b); 14 C.F.R. 91.103; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151{a); 14 CFR 91.405(a); 14 CFR407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) 

### & (b). UAS'soperated by OWG weigh less than 10 pounds, including the payload (i.e. camera, lens, and gimbal). Theyoperate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally. OWG will onlyoperate its UAS's in line ofsight and will operate only within the areas described in the OWG, Flight Operations and Procedures Manual ("FOPM"). Such operationswill insure that the UASwill "not create a hazard to users ofthe national airspace system orthe public. Given the small size ofOWG's UAS'sand the environments within which theywill operate, OhWowGolfs UAS operations adhere to the Reform Act's safety requirements. Additionally, due to the size ofthe UASs and the limited areas in which theywill operate, approval ofthis application presents no national security issues. Based on the substantial level ofsafety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the granting ofthe requested exemption is in the public interest Accordingly, OWG respectfully requests that the FAA grant the requested exemption.

Aircraft 

### & Equivalent Level OfSafety The operating limitations proposed by OhWowGolf provide for at least an equivalentor higher level ofsafety because operations further enhance safety ofaerial videography. As setforth in the OhWowGolf, Flight Operations and Procedures Manual (FOPM), the limitations and conditions include:

• The UASswill weigh less than 10 pounds. • The UASwill be operated by qualified Pilot in Command (PIC). • The PIC and Visual Observer (VO)will be able to communicate byvoice at all times.



### 2• Maximum flight time for each operational flight will be less 10 minutes. Flights will be terminated at25% battery power reserve should that occur prior to the 10 minute limit. (In general, OhWowGolfflights are from 3 to 6 minutes.) • Flights will be operated at an altitude ofno more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned. • Flights will be operated within visual line ofsight (VLOS) ofthe PIC and/or VO at all times. The UAwill not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is lessthan 3 statute miles from the PIC. I) Minimum crew for each operation will consist ofthe UAS PIC and the VO. • The UAS Pilot will be the PIC. • A flight operations "Security Perimeter" will be established for each flight. • All UAS flights will also be performed as identified in the FOPM in regards to UAS preflight inspections, maintenance, alterations, UAS manufacturer's requirements, and record keeping. • A briefing will be conducted for planned UAS operations priorto each day'sflight thatwill be attended by all personnel performing duties associated with the flight. • The UAS will only operate within a predetermined controlled area as defined in the FOPM. • The operatorwill file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate Flight Standards District Office (FSDO). • The operator will obtain consent ofall persons involved in the filming and ensure that only consenting persons will be allowed within 500 feet ofthe flight operation. This radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required under the FOPM. With the advanced permission ofthe FSDO, operations at closer range can be approved. • The operatorwill ensure that no nonparticipating persons are allowed within 500 feet of the area exceptthose consenting to be involved and necessaryfor the filming production. This provision may be reduced to no less than 100 feet if it would notadversely affect safety and the Administrator has approved it. • The operatorwill submit a written Plan ofActivities to the FSDOthree days before the proposed shoot as required in the FOPM. • The PIC will be trained in UAS operations and have received current information on the particular UAS to be operated as required by the FOPM. • Written permission from**r~levant** golfcourse property holderswill be obtained. • All required permission and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. • UAS operations are limited to conducting operations for the purpose ofcapturing HD feature film quality aerial cinematographyfor gfcourses. • Ifthe UAS loses communications or loses its GPS signal, the UAS will have the capability to return and land at a predetermined location within the Security Perimeter. • The PIC will have the capability to abort a flight in case of unpredicted obstacles or emergencies.


### 314 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the PIC operating the aircraftto have a private pilot's license rather than a commercial pilot's license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator (the PIC). The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level ofsafety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the use ofa UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceedsthe present level ofsafety sought by 14 C.F.R. §61.113 (a) and (b). OhWowGolfonly operates its UASs in predetermined controlled areas and only in compliance with established safety protocols.

14 C.F.R. § 91.103: Preflight Action Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level ofsafetywill be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoffdistances, and aircraft performance data before commencement offlight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 provides, in pertinent part, that: "except when necessaryfor takeoffor landing, no person may operate an aircraft below the following altitudes:

..... (c) Over otherthan congested areas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure." Beqause OhWowGolf requests authorityto operate at altitudes only upto 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned, an exemption is needed to allow such operations. The UAS will neveroperate higherthan 400 feet AGL. Itwill

4also be operated in a predetermined controlled area, where buildings and people will not be exposed to operations. The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. 

### No flight will be taken withoutthe permission of property owners or local officials. Because ofthe advance notice tothe property owners and participants in the filming activity, all affected individualswill be informed ofthe planned flight operations. Compared to flight operations for manned aircraft and the lack offlammable fuel, any risk associated with the proposed UAS operations is far lessthan conventional aircraft operating ator below 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separation between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings Section 91.121 requires each person operating an aircraftto maintain cruising altitude by reference to an altimeter that is set"

...tothe elevation ofthe departure airport or an appropriate altimeter setting available before departure." Asa UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level ofsafetywill be achieved bythe operator, pursuantto the FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator beforeflight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and assuming normal cruising speed-(1) During the dayto fly afterthat for at least 30 minutes

...." The battery powering the OhWowGolf UASs provides a'maximum of20 minutes of powered flight. Therefore, itwould not be possible to meetthe 30-minute daylight reserve requirement in 14 CFR §91.151. Given the limitations on the UAS's proposed flight area and its proposed operations within a predetermined location, a 25% battery power reserve would provide an adequate safety factor. Furthermore, operating the UASs in a predetermined controlled area where only people, property owners, or official representatives who have signed waivers will beallowed, lessthan 30 minutes of reserve fuel does not lead tothe type of risk that §91.151(a) was intended to address. OhWowGolfbelieves that safety can be achieved by limiting flights to 20 minutes or 25% of battery power, whicheveroccurs first. (In general, OhWowGolfflights arefrom 5 to 15 minutes.) This restriction would be more than adequateto return the UASto its pre-determined landing zone from anywhere in its limited operating area. 

### 5OhWowGolfis notseeking an exemption for night-time UAS operations as identified in 14 CFR 1.1.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### &(b): Maintenance/Inspections These regulations require that an aircraftoperatororowner shall "have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these sections and Part43 applyonlyto aircraftwith an airworthiness certificate, these sectionswill not applyto OhWowGolfoperations. Maintenance will be accomplished bythe operator. An equivalent level ofsafetywill be achieved because the UAS'sare limited in size, will carry a small payload and operate only in predetermined controlled areas for limited periods of time. Ifmechanical issues arise, the UAS can land immediately and will be operating from no higherthan 400 feet AGL. As provided in the FOPM, the operatorwill ensure that the UAS is in working order priorto flight, perform any required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the UAS and · best suited to maintain it in an airworthycondition.
Summary Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: OhWowGolfseeks an exemption from the following rules: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) 

### &(b); 14 C.F.R. 91.103; 14 C.F. R. 91.119; 14 C.F.R. 91.121; 14 CFR 91.151(a); 14CFR 91.405(a); 14 CFR407 (a) (1); 14CFR 409 (a) (2); and, 14 CFR 417 (a) & (b) to allow commercial operation of its UAS'sforthe purpose of capturing high definition (HD) feature film quality aerial cinematography. As established bythe UAS exemptions already granted bythe FAA, allowing commercial operations of UASs in the film industrywill enhance safety by reducing risk. Conventionalfilm operations, using turbine aircraft, operate at low altitudes and presentthe risks associated with aircraftthatweigh around 4,000 pounds, and which carry large amounts ofJetA fuel. Such aircraft mustalsofly to and from the film location. In contrast, a UASweighing fewerthan 55 pounds and powered by batteries eliminates virtually all ofthat risk given the small size and lack of combustible fuel. The UAS is carried, and notflown, to a film location. In this regard, the UAS carries no passengers or crew and, therefore, will not expose them to the risks associated with mannedflights. 

### 6The operation of UASsconducted in the strict conditions outlined in our FOPM will provide an equivalent level ofsafety supporting the grantofthe exemption requested herein. The UASs operate atslow speeds, close to the ground, and in a controlled environment. As a result, they are far saferthan conventional operations conducted with turbine helicoptersflying nearthe ground and people.
Privacy All flights will occur over private propertywith the property owner's prior consent and knowledge. Filming will be onlyofpeople who have given their consent orotherwise have agreed to be in the area where filming will occur. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Actof2012 (size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line of sight and national security} provide morethan adequatejustification to grant OhWowGolf requested exemption, allowing for OhWowGolfs UAS commercial operations pursuantto the FOPM included herewith. Ifyou have any questions or need any additional information, please contact me at (719} 201-7446 orat dave@ohwowgolf.com Sincerelyyours, David Hovasse, OwnerOhWowGolf LLC.



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